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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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employers financial reports


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Not sure if this is the correct section to post in,but could only find this to be the nearest to my question.Mods,please move it if needed.

Basically,the workers rejected the company pay offer,and were balloted for industrial action.The management imposed the wage rise and included it in each persons wage this week,going against Union protocol.

I have a copy of the companys financial report covering the last 5 years.Would it be illegal to put this report in the union cabinet/notice board?.Would a data protection breach happen?.

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Not sure if this is the correct section to post in,but could only find this to be the nearest to my question.Mods,please move it if needed.

Basically,the workers rejected the company pay offer,and were balloted for industrial action.The management imposed the wage rise and included it in each persons wage this week,going against Union protocol.

I have a copy of the companys financial report covering the last 5 years.Would it be illegal to put this report in the union cabinet/notice board?.Would a data protection breach happen?.

 

Is the financial report a public document or a private report ? I suspect it is a public document that would be available to anyone through companies house and can therefore be made available to anyone that wishes to read it.

 

Even if it were private, I am not sure of the Data Protection angle to this, unless it contained data of the companies customers or staff that they had not consented to be published or passed on.

 

If it were a private report, your act would probably be seen as gross misconduct and you could be dismissed. A private report published that was financially damaging to the company might also lead to you being sued, if they suffered a loss.

 

Suggest you let the Union and their legal representatives deal with the company. You still have to work there unless you have already found another job.

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Company accounts as I recall are hundreds of pages long :/

 

 

 

What is the point youa re trying to prove with them? Focus on that instead...

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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To reject the pay imposition every member of staff would have to refuse to accept their pay for the moneht and then consider action for the company not paying them the old lower rate until an agreement is made.

 

In practice your union reps should be saying thanks for the advance, now lets settle the actual pay issue. Industrial action hasnt been made impossible because of this imposition of a lower amount, it wont even delay it if you are all minded to take actionm it was done to try and get some of the workers to be less likely to want to take up the cudgels. Divide and rule, so your union now has a task in showing that everyone agrees that this pay increase isnt enough and it will be actuion as specified unless the demands are met or at least meaningful discussion takes place.

the employers wil then say they wont negotiate with a gun to thier head and things are back to normal.

 

 

As for the wisdom of your suggested action- as already said, the accounts wil be public anyway so i would suggets that sticking them on an internal notice boad will have no effect at all that is positive.use it as part of a union flyer or other communication as part of the argument as to why the claim should be met by all means but dont do something that just looks vindictive

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